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NOTICE OF DECISION DA/4297
Development Permit for a Material Change of Use
25 October 2021 - 10:06AM
DESCRIPTION OF THE DEVELOPMENT
| Approval Type: | Development Permit for a Material Change of Use |
|---|---|
| Development Description |
DA/4181 - – Low Impact Industry (Mechanic Workshop) and Caretaker’s Accommodation – Low Impact Industry (Mechanic Workshop) and Caretaker’s Accommodation – 46 Charlotte Street, Cooktown – Lot 202 on C17915
|
| Decision: | Approved in full with conditions |
| Decision Date: | 14 September 2021 |
APPLICABLE ASSESSMENT BENCHMARKS
| Planning Scheme: |
Cook Shire Council Planning Scheme 2017 (v2.0, 25 November 2019)
|
|---|---|
| Planning Regulation 2017 |
No part of the application required a referral to the State Assessment Referral Agency (SARA) under the Planning Regulation 2017 |
| Regional Plan: | Cape York Regional Plan |
| State Planning Policy (Part E): |
All aspects of the State Planning Policy have been adequately reflected in the Cook Shire Council Planning Scheme 2017. Therefore assessment against the applicable Planning Scheme provisions will address any relevant State issues. |
OTHER RELEVANT MATTERS
In assessing the application, Cook Shire Council had regard to the development having demonstrated areas of non-compliance with several of the applicable assessment benchmarks. Notwithstanding this non-compliance, the following ‘relevant matters’ have been considered as part of the assessment of the application:
The Planning Scheme cannot, at the time of drafting, anticipate the precise needs of the community through the zoning structure. In this case there is a known shortage of available industrial land for sale within Cooktown which limits the ability of industrial businesses to develop and expand.
The land use context of the immediate surrounding area is relevant in terms of considering the proposal. Cairns Hardware is adjacent to the proposal, while a tourist park is across the road and there are other established industrial land uses within close proximity. In this sense, the proposed development can be considered an extension of the existing non-residential cluster, as opposed to the intrusion of a non-residential use into a developed residential area. In addition, the area is not closely settled which assists in limiting potential amenity or character impacts as a result of the proposed development.
There has been sufficient technical information submitted with the application which demonstrates that the proposed development is not expected to adversely impact on the surrounding existing or future residential uses in terms of noise and air quality levels.
SUBMISSIONS
No submissions were received during the public notification period of this application.
REASONS FOR THE DECISION
Cook Shire Council approved in full with conditions the application as it complied with the applicable assessment benchmarks. In particular:
- An assessment was made against the applicable assessment benchmarks and the proposed development demonstrated compliance.
- The proposed development will have no detrimental impact on the surrounding land uses. The relevant acoustic and air quality reports demonstrate that the proposed development is not expected to adversely impact on the surrounding noise and air quality levels.
